The obligation
From 1 July 2026, PCBUs must comply with NSW Codes of Practice (including Excavation Work) as minimum performance standards under WHS Act 2011 s 26A, or adopt equivalent or higher controls.
WHS Act 2011 s 26A commenced 1 July 2026. It converts approved Codes of Practice from guidance documents into minimum performance standards. A PCBU engaged in excavation work must now either comply with every control measure in the Excavation Work COP or demonstrate that an alternative approach achieves an equivalent or higher standard of health and safety. Previously, non-compliance with the COP was not itself a breach but was evidence against the PCBU in court.
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- What
- From 1 July 2026, PCBUs must comply with NSW Codes of Practice (including Excavation Work) as minimum performance standards under WHS Act 2011 s 26A, or adopt equivalent or higher controls.
- Source
- safework.nsw.gov.au
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s26A
minimum standard
PCBU duty
code of practice
excavation
Official sources
Frequently asked questions
Which WHS law does this come from?
COP minimum compliance duty — WHS Act s 26A commenced 1 July 2026 is a WHS requirement set out in Excavation work (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Work Health and Safety Act 2011 (NSW) > s 26A > Codes of Practice > Excavation Work § s 26A.
What does this WHS obligation require?
COP minimum compliance duty — WHS Act s 26A commenced 1 July 2026 is a WHS obligation under Excavation work (NSW). In short, From 1 July 2026, PCBUs must comply with NSW Codes of Practice (including Excavation Work) as minimum performance standards under WHS Act 2011 s 26A, or adopt equivalent or higher controls.
What changed recently?
COP minimum compliance duty — WHS Act s 26A commenced 1 July 2026 was last updated on 13 August 2026.
